Liza Goitein and Bob Loeb on State Secrets

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It has been a decade since the Supreme Court decided on a case involving the state secrets privilege, a common law rule that allows the government to block the release of state secrets in civil litigation. In this term, the justices will hear two cases involving the privilege: United States v. Abu Zubaydah and Federal Bureau of Investigation v. Fazaga. To talk about the two cases before the Supreme Court and the state secrets privilege more broadly, Rohini Kurup sat down with Liza Goitein, co-director of the Liberty and National Security Program at the Brennan Center for Justice, and Bob Loeb, partner in Orrick, Herrington & Sutcliffe’s Supreme Court and Appellate Litigation practice, and…